Due to their individual requirements and processes, the length of time it takes to acquire a probate bond varies from company to company. However, many surety companies can bond a person within 24 hours or as quickly as within the same business day.
To protect the estate from potential losses due to negligence or dishonest actions by the executor, a probate bond is often required. The bond acts as a form of insurance issued by a surety company, which serves as a third-party overseer.
Getting bonded is a major step in the licensing and operations of many businesses and contractors, but how long does it take to get a surety bond? The necessary time for approval can vary significantly — in some cases, it can be instant, while in others it can take between one to four days, or longer.
Probate typically takes 9 to 12 months to settle an estate. Your probate case manager will be in close contact with organisations such as HM Revenue & Customs (HMRC), HM Court Service, the Department for Work and Pensions and all relevant financial institutions during the estate administration.
While each state is different, California generally requires your personal representative to be bonded. The only exceptions are when the testator's will expressly waives the requirement (and the court permits this to happen) or all the beneficiaries will agree in writing to waive the bond requirement.
TO DISTRIBUTE BONDS TO THE PERSONS ENTITLED TO AN ESTATE: The legal representative of the estate needs to complete a Request by Fiduciary for Distribution of United States Treasury Securities (FS Form 1455) showing distribution is being made to the person(s) entitled.
In some cases, beneficiaries may prefer an executor with no bond because they have less to lose if he or she improperly handles assets. An executor of a deceased person's estate without bond is a person who has the authority to fulfill the obligations of a deceased's will.
After the probate bond is approved, the executor or administrator pays the non-refundable premium to the surety. This bond protects the executor in their duties to the estate's beneficiaries and creditors.